[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3711 Introduced in House (IH)]

<DOC>






118th CONGRESS
  1st Session
                                H. R. 3711

To prohibit the use of elementary, secondary, and post-secondary school 
 facilities to provide shelter for unlawfully present aliens, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 25, 2023

Mr. Molinaro (for himself and Mr. Langworthy) introduced the following 
    bill; which was referred to the Committee on Education and the 
                               Workforce

_______________________________________________________________________

                                 A BILL


 
To prohibit the use of elementary, secondary, and post-secondary school 
 facilities to provide shelter for unlawfully present aliens, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Schools Not Shelters Act''.

SEC. 2. PROHIBITION ON USE OF SCHOOL FACILITIES TO SHELTER CERTAIN 
              ALIENS.

    (a) In General.--As a condition on receipt of Federal financial 
assistance under any applicable program by an elementary school, 
secondary school, or institution of higher education, the facilities of 
the school or institution may not be used to provide shelter for 
specified aliens unless--
            (1) the facility is a dormitory facility; and
            (2) the alien pays the amount normally assessed residents 
        of the dormitory facility for room and board.
    (b) Construction.--Subsection (a) shall apply without regard to 
sections 401 and 411 of the Personal Responsibility and Work 
Opportunity Reconciliation Act of 1996 (2 U.S.C. 1611, 1621).
    (c) Definitions.--For purposes of this Act:
            (1) The term ``alien'' has the meaning given such term in 
        section 101(a) of the Immigration and Nationality Act (8 U.S.C. 
        1101(a)).
            (2) The term ``applicable program'' has the meaning such 
        term in section 400 of the General Education Provisions Act (20 
        U.S.C. 1221).
            (3) The term ``dormitory facility'' means--
                    (A) institutionally owned or operated dormitory 
                housing (including dining facilities inside such 
                housing); or
                    (B) another facility customarily used for housing 
                students, faculty, or staff.
            (4) The terms ``elementary school'' and ``secondary 
        school'' have the meaning given such terms in section 8101 of 
        the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7801).
            (5) The term ``Federal financial assistance'' has the 
        meaning given such term in section 7501(a)(5) of title 31, 
        United States Code.
            (6) The term ``institution of higher education'' has the 
        meaning given such term in section 101 of the Higher Education 
        Act of 1965 (20 U.S.C. 1001).
            (7) The term ``shelter'' excludes short-term emergency 
        shelter made necessary by a natural disaster.
            (8) The term ``specified alien'' means an alien who--
                    (A) is unlawfully present in the United States; or
                    (B)(i) has not been admitted (as defined in section 
                101(a) of the Immigration and Nationality Act (8 U.S.C. 
                1101(a)));
                    (ii) is in removal proceedings or has been ordered 
                removed; and
                    (iii) is not being detained by the Secretary of 
                Homeland Security during the pendency of those removal 
                proceedings or until removed.
                                 <all>